Colorado is one of 24 states suing the federal government over the Environmental Protection Agency’s (EPA) Clean Power Plan. The lawsuit challenges the EPA’s authority to mandate—through its rule-making process—that states develop and implement a plan adhering to specific carbon mandates. With nearly half of the nation suing the federal government over this unprecedented agency overreach, the U.S. Supreme Court ruled states should suspend implementation until all legal challenges are resolved. Yet, defying the Court’s decision, Governor Hickenlooper ordered the Colorado Department of Public Health and Environment to
continue its work on the plan. As the Governor was unwilling to comply with the Supreme Court’s ruling, I carried legislation to force our state government to suspend all work on the EPA’s plan until the Supreme Court lifted the stay. Unfortunately, while my bill passed the Senate, Democrats in the House killed this legislation.

On its own, the EPA plan is certainly controversial, but the larger issue is whether the EPA can promulgate a rule without authorization from congress that will have drastic implications on our state’s economy. By implementing a stay, the high court found that the states have a good chance of winning, meaning the mandate will likely be struck down. Therefore, it seems fiscally irresponsible to continue to devote taxpayer dollars to a process that may ultimately be deemed unconstitutional. My bill, Senate Bill 167, would have protected taxpayer dollars while ensuring Colorado remained in compliance with the Court’s ruling.

It is disappointing Democrats killed this legislation, but I am more concerned with federal agencies usurping congressional authority and handing down rules that states must regard as law. It is congress, not the executive branch, that is tasked with creating laws. We must respect the separation of powers and allow congress to promulgate laws, and the executive branch to enforce them. With such a concerning precedent at stake, the Governor and our state departments should comply with the Supreme Court’s decision until the constitutionality of the EPA’s mandate is determined. After all, burning the constitution should not be
a part of our energy plan.

Thank you for taking time to read our newsletter, and please let me know if you have questions about this bill or any other pending legislation. For more information please visit our website at COHouseGOP.com, or connect with us on Facebook, Instagram, Twitter and YouTube.